Protecting the Third Pole
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Protecting the Third Pole

Transplanting International Law

Simon Marsden

This highly topical book considers the important question of how best to protect the environment of the Third Pole – the area comprising the Hindu Kush Himalayas and Tibetan Plateau – using the tool of international law. Following detailed analysis of the weaknesses in the current legal protections according to comparative legal theory, Simon Marsden recommends three potential options for implementation by policy and lawmakers.
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Chapter 6: Protection of international rivers

Simon Marsden

Abstract

Chapter 6 emphasises the significance of equitable utilisation and environmental protection of international rivers. It focuses upon the potential transplant of the Water Convention together with customary international law in relevant ICJ jurisprudence. Analyses content and relevance of Water Convention to Asia and the Third Pole, and potential practical application. It considers other arrangements for Asia’s international rivers, notably the Mekong Agreement, since the Mekong originates on the Tibetan Plateau; it also analyses lessons that may be learnt from governance for changes to water quantity or quality from hydroelectric development impacting upon southeast Asian states.

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